“This is how government should work.”

May 15, 2018

Good Morning! In this morning’s eBlog, we fiscally visit the small municipality of Evans, New York, a town of about 41 square miles in upstate New York which was established in 1821—seventeen years after its first settler arrived, and today home to about 14,000—but a municipality so broke after years of fiscal and financial mismanagement that it lost access to the municipal market in the wake of the withdrawal of its credit rating.

Absence of Fiscal Balance? Evans Town Supervisor Mary K. Hosler has reported that the municipality was unable to secure a loan in the wake of the withdrawal of its credit rating. In her 3rd State of the Town Address, where she advised citizens that “much can be accomplished when politics are checked at the door, and a spirit of cooperation is adopted at all levels of our town government;” she added that it was her hope that citizens would leave with “a sense that our Town is mending and moving ahead with strength and momentum,” as she noted: “By way of brief overview, as many of you are aware, the Town has been faced with numerous challenges over the past two years. Unfortunately, a decade of financial mismanagement came to a head during my first year in office, and we were faced with what turned out to be the worst financial crisis in the history of the Town. There were very few options available as the Town was facing the possibility of insolvency or a control board.”

In New York, a municipality—or its emergency financial control board, may file for chapter 9 municipal bankruptcy: the Empire State’s §§85.80 to 85.90 authorize the state legislature to create a financial control board—something created in September of 1975 for New York City; however, the New York State Constitution also contains certain fiscal limitations on municipal debt—including a limit of 9 percent of the average full valuation of said municipality’s taxable real estate for municipalities with populations under 125,000.

Supervisor Hosler introduced Evans Finance Director Brittany Gloss to present the municipality’s financial accomplishments and the progress being made in terms of economic development and, “most importantly: where we are headed,” reminding constituents that any loans would have been “costly to our residents: financially, in the loss of services, and the loss of local control,” adding:  “It has been said that the definition of insanity is doing the same thing over and over again while expecting different results. Well, we stopped the insanity, which meant we had to identify the problems and take action. Every decision was critical to move the needle in the right direction, and work the Town out of this financial disaster. These decisions were often painstaking and gut‐wrenching, but they were necessary to change the Town’s financial course. They were reviewed from all angles, and made with the taxpayer’s interest and the future of the Town of Evans in the forefront. And these difficult decisions have yielded positive results.” In her introduction, Supervisor Hosler, noting the town’s bond rating had been restored to an A rating, reported: “We’re  definitely on the recovery side of the balance sheet,” with the former bank vice president who played a key role in steering the town toward solvency, telling the audience that the municipality had turned to Erie County for assistance two years ago—or, as Erie County Comptroller Stefan I. Mychajliw recalled, the call came as the town’s payroll and bills were piling up, late at night as he was “on the couch with a horrible flu.” Nevertheless, he stated that he advises every town supervisor to let him know if they ever need anything, adding: “That night I had three or four conference calls with three of my most senior staff.”

Remarkably, by the next morning, he had already helped pull together three possible fiscal plans for the town—with the one which led to the fiscal rescue: an unprecedented $980,000 short-term loan from Erie County.

For her part, Supervisor Hosler knew when she ran for office three years ago that there were financial problems; however, it was not until she took office that she discovered thousands of missing financial transactions, internal audits which had never been completed, and a $2.6 million deficit. The fiscal depths appeared to be the result of the municipality’s debt issued in 2007, when the town had borrowed $12.6 million to install new water lines, hydrants, and a water storage tower. In that transaction, instead of putting those funds into a separate account, as required, the town combined the money with the rest of its municipal funds. Thus, a subsequent New York State audit found that $2 million of those funds were used to cover operating expenses, with the bulk for the municipality’s troubled water operations—putting the municipality on a seemingly unending reliance on tax-anticipation notes to make ends meet—that is, until the ends were at the end—or, as Supervisor Hosler described it: “Not six months into office, I’m thinking ‘Holy Lord, this is a big climb’…We had to keep moving on all fronts.”

A year and a half later, Evans has received an A credit rating from S&P Global Ratings, easing the way for the municipality to issue municipal bonds to finance $5.2 million for a new water tower, with S&P noting: “The stable outlook reflects S&P Global Ratings’ view that Evans has implemented various corrective steps to restore structural balanced operations over the past three audited fiscal years. It also reflects our expectation that the town will likely maintain strong budgetary performance, which will likely support its efforts to eliminate its negative fund balance and rebuild its budgetary flexibility.” Indeed, the town’s current deficit of $320,000 is a shadow of its former $2.6 million—and Supervisor Hosler is hopeful it can be eliminated by the end of the fiscal year—a fiscal accomplishment which could create a fiscal bonus: lower capital borrowing costs on municipal bonds the municipality hopes to issue for its water system.

The $2.6 million deficit is down to $320,000, and now Supervisor Hosler is hopeful it can be erased by the end of this year. In addition, with the credit rating, she is hoping to get a lower rate on water bonds to hopefully lower water rates. As Comptroller Mychajliw put it: “I’m just thrilled for her and the town: This is how government should work.”

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The Fiscal Challenges of Inequity

May 15, 2018

Good Morning! In this morning’s eBlog, we return to the small municipality of Harvey, Illinois—a city fiscally transfixed between its pension and operating budget constraints in a state which does not provide authority for chapter 9 municipal bankruptcy; then we turn east to assess Connecticut’s fiscal road to adjournment and what it might mean for its capital city of Hartford; before heading south to Puerto Rico where there might be too many fiscal cooks in the kitchen, both exacerbating the costs of restoring fiscal solvency, and exacerbating the outflow of higher income Americans from Puerto Rico to the mainland.

Absence of Fiscal Balance? After, nearly a decade ago, the Land of Lincoln—the State of Illinois—adopted its pension law as a means to ensure smaller municipalities would stop underfunding their public pension contributions—provisions which, as we noted in the case of the small municipality of Harvey, were upheld when a judge affirmed that the Illinois Comptroller was within the state law to withhold revenues due to the city—with the Comptroller’s office noting that whilst it did not “want to see any Harvey employees harmed or any Harvey residents put at risk…the law does not give the Comptroller discretion in this case: The Comptroller’s Office is obligated to follow the law. This dispute is between the retired Harvey police officers’ pension fund and the City of Harvey.” But in one of the nation’s largest metro regions—one derived from the 233 settlements there in 1900, the fiscal interdependency and role of the state may have grave fiscal consequences. As we previously noted, U. of Chicago researcher Amanda Kass found there are 74 police or fire pension funds in Illinois municipalities with unfunded pension liabilities similar to that of Harvey. Unsurprisingly, poverty is not equally distributed: so fiscal disparities within the metro region have consequences not just for municipal operating budgets, but also for meeting state constitutionally mandated public pension obligations.

Now, as fiscal disparities in the region grow, there is increasing pressure for the state to step in—it is, after all, one of the majority of states in the nation which does not authorize a municipality to file for chapter 9 municipal bankruptcy: ergo, the fiscal and human challenge in the wake of the state’s enactment of its new statute which permits public pension funds to intercept local revenues to meet pension obligations; the state faces the governance and fiscal challenge of whether to provide for a state takeover—a governing action taken in the case of neighboring Michigan, where the state takeover had perilous health and fiscal consequences in Flint, but appeared to be the key for the remarkable fiscal turnaround in Detroit from the largest municipal chapter 9 bankruptcy in American history. Absent action by the Governor and state legislature, it would seem Illinois will need to adopt an early fiscal warning system of severe municipal fiscal distress—replete with a fiscal process for some means of state assistance or intervention. In Harvey, where Mayor Eric Kellogg has been banned for life from any role in the issuance of municipal debt because of the misleading of investors, the challenge for a city which has so under-budgeted for its public pension obligations, has defaulted on its municipal bond obligations, and provided virtually no fiscal disclosure; Illinois’ new state law (PL 96-1495), which permits public pension funds to compel Illinois’ Comptroller to withhold state tax revenue which would normally go to the city, which went into effect at the beginning of this calendar year, meant the city reasons did not take effect until January 2018. Now, in the wake of the city’s opting to lay off nearly half its police and fire force, the small municipality with the 7th highest violent crime rate in the state is in a fiscal Twilight Zone—and a zone transfixed in the midst of a hotly contested gubernatorial campaign in which neither candidate has yet to offer a meaningful fiscal option.  

Under Illinois’ Financial Distressed City Law ((65 ILCS 5/) Illinois Municipal Code) there are narrow criteria, including requirements that the municipality rank in the highest 5% of all cities in terms of the aggregate of the property tax levy paid while simultaneously in the lowest percentage of municipalities in terms of the tax collected. Under the provisions, the Illinois General Assembly would then need to pass a resolution declaring the city as fiscally distressed—a law used only once before in the state’s history—thirty-eight years ago for the City of East St. Louis. The statute, as we have previously noted, contains an additional quirk—disqualifying in this case: Illinois’ Local Government Financial Planning and Supervision Act mandates an entity must have a population of less than 25,000—putting Harvey, with its waning population measured at 24,947 as of 2016 somewhere with Rod Serling in the Twilight Zone. Absent state action, Harvey could be the first of a number of smaller Illinois municipalities unable to meet its public pension obligations—in response to which, the state would reduce revenues via intercepting local or municipal revenues—aggravating and accelerating municipal fiscal distress.

Capital for the Capitol. In a rare Saturday session, the Connecticut Senate passed legislation to enable the state to claw back emergency debt assistance for its capital city, Hartford, through aid cuts beginning in mid-2022, with a bipartisan 28-6 vote—forwarding the bill to the House and Gov. Dannel Malloy—as legislators raced to overwhelmingly approve a new state budget shortly before their midnight deadline Wednesday which would:  restore aid for towns; reverse health care cuts for the elderly, poor, and disabled; and defer a transportation crisis. The $20.86 billion package, which now moves to Gov. Dannel P. Malloy’s desk, does not increase taxes; it does raise the maximum tax rate cities and towns can levy on motor vehicles. In addition, the bill would spend rather than save more than $300 million from this April’s $1 billion surge in state income tax revenues. The final fiscal compromise does not include several major changes sought by Republicans to collective bargaining rules affecting state and municipal employees. And, even as the state’s fiscal finances are projected to face multi-billion-dollar deficits after the next election tied in part to legacy debt costs amassed over the last 80 years, the new budget would leave Connecticut with $1.1 billion in its emergency reserves: it will boost General Fund spending about 1.6 percent over the adopted budget for the current fiscal year, and is 1.1 percent higher than the preliminary 2018-19 budget lawmakers adopted last October. The budget also includes provisions intended to protect Connecticut households and businesses which might be confronted with higher federal tax obligations under the new federal tax law changes. Indeed, in the end, the action was remarkably bipartisan: the Senate passed the budget 36-0 after a mere 17 minutes of debate; the House debated only 20 minutes before voting 142-8 for adoption.

In addition to reacting to the new federal tax laws, the final fiscal actions also dealt with the sharp, negative reaction from voters in the wake of tightening  Medicare eligibility requirements for the Medicare Savings Program, which uses Medicaid funds to help low-income elderly and disabled patients cover premiums and medication costs—acting to postpone cutbacks to July 1st, even though it worsened a deficit in the current fiscal year, after learning an estimated 113,000 seniors and disabled residents would lose some or all assistance. As adopted, the new budget reverses all cutbacks, at a cost of approximately $130 million. Legislators also acted to restore some $12 million to reverse new restrictions on the Medicaid-funded health insurance program for poor adults, with advocates claiming this funding would enable approximately 13,500 adults from households earning between 155 and 138 percent of the federal poverty level to retain state-sponsored coverage.

State Aid to Connecticut Cities & Towns. Legislators also took a different approach with this budget regarding aid to cities and towns. After clashing with Gov. Malloy last November, when Gov. Malloy had been mandated by the legislature to achieve unprecedented savings after the budget was in force, including the reduction of $91 million from statutory grants to cities and towns; the new budget gives communities $70.5 million more in 2018-19 than they received this year—and bars the Governor from cutting town grants to achieve savings targets. As adopted, the fiscal package means that some municipalities in the state, cities and towns with the highest local tax rates, could be adversely impacted: the legislation raises the statewide cap on municipal property taxes from a maximum rate of 39 mills to 45 mills. On the other hand, the final legislation provides additional education and other funding for communities with large numbers of evacuees from Puerto Rico—dipping into a portion of last month’s $1.3 billion surge in state income tax receipts tied chiefly to capital gains and other investment income—and notwithstanding the state’s new revenue “volatility” cap which was established last fall to force Connecticut to save such funds. As adopted, the new state budget “carries forward” $299 million in resources earmarked for payments to hospitals this fiscal year—a fiscal action which means the state has an extra $299 million to spend in the next budget while simultaneously enlarging the outgoing fiscal year’s deficit by the same amount. (The new deficit for the outgoing fiscal year would be $686 million, which would be closed entirely with the dollars in the budget reserve—which is filled primarily with this spring’s income tax receipts.) The budget reserve is now projected to have between $700 million and $800 million on hand when the state completes its current fiscal year. That could be a fiscal issue, as it would leave Connecticut with a fiscal cushion of just under 6 percent of annual operating costs, a cushion which, while the state’s largest reserve since 2009, would still be far below the 15 percent level recommended by Comptroller Kevin P. Lembo—and, mayhap of greater fiscal concern, smaller than the projected deficits in the first two fiscal years after the November elections: according to Connecticut’s nonpartisan Office of Fiscal Analysis, the newly adopted budget, absent adjustment, would run $2 billion in deficit in FY2019-20—a deficit that office projects would increase by more than 25 percent by FY2020-21, with the bulk of those deficits attributable both to surging retirement benefit costs stemming from decades of inadequate state savings, as well as the Connecticut economy’s sluggish recovery from the last recession.

As adopted, Connecticut’s new budget also retains and scales back a controversial plan to reinforce new state caps on spending and borrowing and other mechanisms designed to encourage better savings habits; it includes a new provision to transfer an extra $29 million in sales tax receipts next fiscal year to the Special Transportation Fund—designed in an effort to avert planned rail and transit fare increases—ergo, it does not establish tolls on state highways.

Reacting to Federal Tax Changes. The legislature approved a series of tax changes in response to new federal tax laws capping deductions for state and local taxes at $10,000: one provision would establish a new Pass-Through Entity Tax aimed at certain small businesses, such as limited liability corporations; a second provision allows municipalities to provide a property tax credit to taxpayers who make voluntary donations to a “community-supporting organization” approved by the municipality: under this provision, as an example, a household owing $7,000 in state income taxes and $6,000 in local property taxes could, in lieu of paying the property taxes, make a $6,000 contribution to a municipality’s charitable organization.

Impacts on Connecticut’s Municipalities. The bill would enable the state to reduce non-education aid to its capital city of Hartford by an amount equal to the debt deal. It would authorize the legislature to pare non-education grants to Hartford if the city’s deficit exceeds 2% of annual operating costs in a fiscal year, or a 1% gap for two straight year—albeit the legislature would be free to restore other funds—or, as Mayor Luke Bronin put it: “I fully understand respect legislators’ desire to revisit the agreement after five years.” Under the so-called contract assistance agreement, which Gov. Malloy, Connecticut State Treasurer Denise Nappier, and Mayor Luke Bronin signed in late March, the state would pay off the principal on the City of Hartford’s roughly $540 million of general obligation debt over 20 to 30 years. With Connecticut’s new Municipal Accountability Review Board, not dissimilar to the Michigan fiscal review Board for Detroit, having just approved Mayor Bronin’s five-year plan. In the wake of the legislative action, Mayor Bronin had warned that significant fiscal cuts in the out years could imperil the city at that time, albeit adding: “That said, I fully understand and respect legislators’ desire to revisit the agreement after five years, and my commitment is that we will continue to work hard to earn the confidence our the legislature and the state as a whole as we move our capital city in the right direction.”

Dying to Leave. While we have previously explored the departure of many young, college-educated Puerto Ricans to the mainland, depleting both municipio and the Puerto Rico treasuries of vital tax revenues, the Departamento of Salud (Health Department) reports that even though Puerto Rico’s population has declined by nearly 17% over the decade, the U.S. territory’s suicide rate has increased significantly, especially in the months immediately following Hurricane Maria, particularly among older adults, with social workers reporting that elderly people are especially vulnerable when their daily routines are disrupted for long periods. Part of the upsurge is demographically related: As those going have left for New York City, Florida, and other sites on the East Coast, it is older Americans left behind—many who went as long as six months without electricity, who appear to be at risk. Adrian Gonzalez, the COO (Chief Operating Officer at Castañer General Hospital in Castañer, a small town in the central mountains) noted: “We have elderly people who live alone, with no power, no water and very little food.” Dr. Angel Munoz, a clinical psychologist in Ponce, said people who care for older adults need to be trained to identify the warning signs of suicide: “Many of these elderly people either live alone or are being taken care of by neighbors.”

A Hot Potato of Municipal Debt. Under Puerto Rico Gov. Ricardo Rosselló’s proposed FY2019 General Fund budget, the Governor included no request to meet Puerto Rico’s debt, adding he intended not to follow the PROMESA Board’s directives in several parts of his budget—those debt obligations for Puerto Rico and its entities are in excess of $2.5 billion: last month’s projections by the Board certified a much higher amount of $3.84 billion. Matt Fabian of Municipal Market Analytics described it this way: “Bondholders have to wait until the Commonwealth makes a secured or otherwise legally protected provision to pay debt service before they can begin to (dis)count their chickens: The alternative, which is where we are today, is an assumption that debt service will be paid out of surplus funds. ‘Surplus funds’ haven’t happened in a decade and the storm has only made things worse: a better base case assumption is the Commonwealth spending every dollar of cash and credit at its disposal, regardless of what the budget says: That doesn’t leave much room for the payment of debt service and is good reason for bondholders to continue to litigate.” Under the PROMESA Board’s approved fiscal plan, Puerto Rico should have $1.13 billion in surplus funds available for debt service in FY2023—with the Board silent with regard to what percent the Gov. would be expected to dedicate to debt service. The Gov.’s budget request does seek nearly a 10% reduction for the general fund, with a statement from his office noting the proposal for operational expenditures of $7 billion is 6% less than that for the current fiscal year and 22% less than the final budget of former Gov. Alejandro García Padilla. The Governor proposed no reductions in pension benefits—indeed, it goes so far as to explicitly include that his budget does not follow the demands of the PROMESA Oversight Board for the proposed pension cuts, to enact new labor reforms, or to eliminate a long-standing Christmas bonus for government workers.

Nevertheless, PROMESA Board Executive Director Natalie Jaresko, appears optimistic that Gov. Ricardo Rosselló Nevares’s government will correct the “deficiencies” in the recommended budget without having to resort to litigation: while explaining the Board’s reasoning for rejecting the Governor’s proposed budget last week, Director Jaresko stressed that correcting the expenses and collections program, as well as implementing all the reforms contained in the fiscal plan, is necessary to channel the island’s economy and to promote transparency and accountability in the use of public funds, adding that approving a budget in accordance with the new certified fiscal plan is critical to achieve the renegotiation of Puerto Rico’s debt—adding that, should the Rosselló administration not do its part, the Board would proceed with what PROMESA establishes: “The fiscal plan is not a menu you can choose from.”

Disparate Physical & Fiscal Responses to Municipal Physical & Fiscal Distress

eBlog

January 16, 2017

Good Morning! In today’s Blog, we consider the ongoing fiscal and physical challenges of restoring power in hurricane devastated Puerto Rico, which the Trump Administration and Congress have opted to treat in a very different manner than other hurricane devastated municipalities and states.

Prospects for Recovery. Notwithstanding the opposition of his own designated coordinator for the restoration of electric power, Puerto Rico Governor Ricardo Rossello yesterday gave the go-ahead to sign an agreement which will allow Puerto Rico’s muncipios to hire companies and experts to repair the island’s electric distribution lines, with Puerto Rico Secretary of the Interior, William Villafañe, announcing—in the wake of a demonstration by residents of bigger muncipios which remain without electricity since Hurricanes Irma and María passed last September, that the Electric Power Authority (AEE) will sign an agreement with the muncipios to allow them to hire companies to repair power lines. The breakthrough came in the wake of a meeting with the presidents of the Federation and the Association of Mayors, Carlos Molina (Arecibo) and Rolando Ortiz (Cayey), respectively, as well as the Mayor (Alcalde) of Bayamón, Ramón Luis Rivera, and others officials. The agreement, which until yesterday had not been shown to the Mayors, is supposed to have a series of security restrictions; in addition, the agreement is intended to empower the muncipios to offer injury insurance, as well as be eligible for FEMA reimbursement. Secretary Villafañe noted that Governor disagreed with the result of last Monday’s meeting, in which the coordinator designated for the restoration efforts of electric power, Carlos Torres, and the AEE refused to establish an agreement with the municipios out of security concerns.

Thus, among the security conditions the agreement mandates, is that Mayors will be required to establish contracts exclusively with contractors who have specialized equipment and trucks. In a clarification, Secretary Villafañe assured reporters that PREPA retirees may continue to provide services, as is the case of the Pepino Power Authority, an initiative of the Mayor Javier Jiménez of San Sebastian—a muncipio founded in 1752 by Captain Cristóbal González de la Cruz, who among other neighbors, had an interest in converting some cow farms into an agricultural village. The foundation of the town from the religious aspect, was consummated in December 1762 by Mariano Martin, the then Puerto Rico Catholic Bishop: by the beginning, 1700, San Sebastian was a conglomerate of a few cow farms, owned by some residents of the Partido de Aguada. Las Vegas was the former plain site of one of the first cow farms located by the Guatemala riverside at the north; another of those cow farms was Pepinito (today’s downtown), which was a low green mountain with a white calcium carbonate face. From these geographical accidents come the first names of the then new village, albeit one of the oldest municipalities in the United States: Las Vegas del Pepino (Cucumber Fields). Indeed, the permission to found the muncipio was officially given in 1752.

By the beginning of the 19th century, wealthy Spanish families arrived in Pepino, fleeing the revolutions of Venezuela and the Dominican Republic. Subsequently, families from Catalonia and the Basque country in Spain came to Puerto Rico as well as a significant number of isleños (Canary Islanders)—with the isleños taking over the local political power and developing a coffee industry. Much as they did in Nevada, the Basques brought some material progress to the muncipio; in addition, the new resident Basques, in remembrance of their home region and its religious patron, saw the need of upgrading the old traditional Pepino used by the Canary Islanders to the new and “up-dated” San Sebastián—even though, still today, the citizens of San Sebastián are called “pepinianos.” Permission to found the muncipio was officially given in 1752, under the leadership of the founder, Captain Cristóbal González de la Cruz, who sought to convert cattle fincas (ranches/farms) into an agricultural village—with the governmental transformation consummated in December of 1762 by Mariano Martin, the island Catholic bishop at that time. The muncipio grew by the beginning of the 19th century, with the arrival of wealthy Spanish families, fleeing the revolutions of Venezuela and the Dominican Republic. Nearly a century later, several Catalon families from northern Spain and the Canary Islands joined the large number of isleños (Canary Islanders) who had made El Pepino their home—new arrivals who, in the wake of taking over the local political power, developing a coffee industry, and changing the muncipio’s name, in remembrance of their home region and its religious patron, to the new and “up-dated” San Sebastián, notwithstanding that, still today, the citizens of San Sebastián are called “pepinianos.”

For his part, the Mayor Rivera, who had notified the government last September of his interest in collaborating in the restoration of electricity, only learned yesterday that the agreement had been approved; however, the municipal executive of Cayey and President of the Association of Mayors said that as long as they do not see the document, they will not believe it, because, to date, they have neither been allowed to see or sign the document in question: Mayor Ortiz said that during the meeting yesterday, Coordinator Torres again expressed his disagreement with allowing municipalities to collaborate in the restoration of light: “He (Torres) will have control of the materials, will have control of the brigades, control of resources–and that this resource, which is so important in the process of re-energizing the country, says that he does not agree with the Mayors intervening in this process or giving us the agreement to sign…They said that they were going to give us the power to energize the system and work with brigades that we can hire, and that they will give us brigades to work with the municipalities, and they will give us materials, (but) we leave here with nothing in the hand, with a promise of agreement.” Mayor Ortiz explained that in Cayey the muncipio has retirees from PREPA willing to start working, however, absent an agreement, they are not only barred by law from doing so, but also prevented from obtaining protection from the State Insurance Fund Corporation in case of injury to these workers. The Mayor added: “What he (Coordinator Torres) does not know is that in all of our communities and in all of our cities there are people trained with extraordinary resources to work on that system, because they have done it in all the previous events.”  Nevertheless, Mayor Rivera assured that as soon as the document is sent and signed, he has two companies with three brigades ready to work in the Bayamón distribution lines. He estimated that these works can begin today, if the legal division of La Fortaleza advances in the drafting of the agreement with the municipalities.

Unbalanced Politics? The restoration efforts have also been hampered by allegations of partisan discrimination: the number of brigades distributed among the municipalities of the northern region supposedly differed by 480 in the municipalities of the New Progressive Party (PNP) versus 174 in those led by the PPD, according to the President of the Municipal Legislature of Dorado, Carlos Alberto López. However, Secretary Villafañe refuted those data with others: he indicated that among the six municipalities with less than 20% of electric power service restored, five are NPOPs, while among the 35 that already have more than 60% service, 20 are from PPD.

What Would Rod Serling Say? The former host of the Twilight Zone, Rod Serling, who opened each week’s show by saying a “Dimension of sound, a dimension of sight, and dimension of mind: you just crossed over into The Twilight Zone,” seems consistent with Moody’s characteristically moody new report on Puerto Rico’s fiscal plan, writing: “These repeated delays in revising Puerto Rico’s fiscal plan…underscore the economic uncertainties that Puerto Rico faces as a result of post-Maria factors, including surging migration to the U.S. mainland, potentially unsustainable operating conditions for the territory’s manufacturers, and the federal recovery and rebuilding assistance that may fall short of what Puerto Rico needs to prevent lasting and severe damage to its economic base…Together, the growing challenges from these factors may further reduce already low recovery prospects for holders of Puerto Rico’s 17 rated debt types.” The insights, provided by Moody’s senior at least 200,000 Puerto Ricans have left Puerto Rico since Hurricane Maria struck, or about 6% of the pre-Maria population—adding that manufacturing, an important part of Puerto Rico’s economy, has been steadily dropping over the last two decades—and warning that, in the bitter wake of Maria, some manufactures may decide to move to other areas less likely to be hit by future hurricanes. The analysts further warned that the federal government’s new 12.5% excise tax on profits derived from patents and other intangible assets is another negative. Finally, they noted that the amount of federal aid to Puerto Rico in the aftermath of Hurricane Maria will affect Puerto Rico’s trajectory of recovery amid growing doubt and uncertainty whether Gov. Rosselló’s request for $94.4 billion in aid will be honored—especially, with the federal government on the verge of shutting down this week—and its failure, to date—in disbursing any portion of a Congressionally-approved $4.9 billion Community Disaster Loan to Puerto Rico, the U.S. Virgin Islands, and some other jurisdictions hit by recent natural disasters. Last week, Reorg Research reported that Puerto Rico’s debt restructuring and arguments between the U.S. Treasury and Puerto Rico over the latter’s control of the funds has delayed the funds’ release.

If anything, the federal inability to act has been further clouded by unclear governance: last week, Puerto Rico Sen. Minority Leader Eduardo Bhatia, who, during his tenure as Senate President, had been selected as Chair of the Council of State Governments of the Eastern Regional Conference (CSG-ERC) and later elected as President of the National Hispanic Caucus of State Legislators, thereby becoming the first Senate President and the first Puerto Rican to preside over the organization, as well as serve on the Board of the Council of State Government (CSG), National Association of Latino Elected Officials (NALEO) and the National Hispanic Leadership Agenda (NHLA); brought up a different concern about the fiscal plan’s delay: in the new style of Trumpian governance, he tweeted to Gov. Ricardo Rosselló: “This is your great opportunity to regain lost confidence…Make your fiscal plan public today, so that there is no doubt, the people know your proposal and participate in the reconstruction of Puerto Rico,” adding that the people of Puerto Rico deserved a chance to comment prior to the draft’s submission to the PROMESA Oversight Board, tweeting: “In all countries of the world, ideas are discussed before decisions are made, not later…Otherwise, the process is a mockery of the serious people of Puerto Rico who want to contribute to the common good.”

Recovering after a Quasi-State Takeover

December 8, 2017

Good Morning! In this a.m.’s Blog, we consider the fiscal and governing challenges of a city emerging from a quasi-state takeover—and report that last night, House Republicans voted 235-193 to pass and send to the Senate a stopgap bill to keep the federal government open for another two weeks, freeing up space to finish both the federal budget for the year that began last October 1st—and to try to craft a conference report on federal tax reform. The House vote now awaits Senate action, where leaders plan to act swiftly to put the bill on President Trump’s desk and avoid a shutdown on Saturday.

.Visit the project blog: The Municipal Sustainability Project 

A Founding Municipality. Petersburg, Virginia—where archaeological excavations have found evidence of a prehistoric Native American settlement dated to 6500 BC, was, when the English first began to settle America, arriving in Virginia in 1607, in a region then occupied by Algonquin speaking early Americans—was founded at a strategic point along the Appomattox River. Nearly four decades later, the Virginia Colony established Fort Henry along the banks of the Appomattox River. The colony established Fort Henry—from which Colonel Abraham Wood sent several famous expeditions in subsequent years to explore points to the west; by 1675, his son-in-law, Peter Jones, who commanded Fort Henry opened the aptly named Peter’s Point trading post. In 1733, the founder of Virginia’s capitol of Richmond, Col. William Boyd, settled on plans for a municipality there—to be called Petersburgh—an appellation the Virginia General Assembly formally incorporated as Petersburg on December 17, 1748.

By the 20th century, the upward growth in one of the nation’s oldest cities peaked—at just over 41,000 residents: by 2010, the population had declined more than 20 percent—and the municipality had a poverty rate of 27.5%, double the statewide average, and nearly 33% greater than in 1999. The city’s largest employer, Brown & Williamson, departed in the mid-1980s. By last year, 100% of Petersburg School District students were eligible for free or reduced price lunch—even as the district lagged behind state graduation rates; the  and the rate of students receiving advanced diplomas. Last year, the city’s violent crime rate was just under twice the U.S. average. By 2014, Petersburg’s violent crime rate of 581 per 100,000 residents was nearly 30% higher than the violent crime rate in Danville—even though, unlike Danville, Petersburg is in the thriving Richmond metropolitan area—and has potential partners in higher education (Virginia State University and Richard Bland College) and philanthropy (Cameron Foundation), as well as a unique concentration of affordable, historic housing. Yet the city’s unassigned General Fund reverses grew from $20.4 million in FY2005 to $35.0 million by FY2014, or 55% of operating expenditures; it has very strong liquidity, with total government available cash equal to 11.5% of total governmental fund expenditures and more than ten times greater than annual debt service payments. Nevertheless, as we have previously noted, a state technical assistance team’s review last year determined that the City had exhausted most of its unrestricted reserves—also noting that in FY 2015, the City’s final budget called for General Fund revenue of $81.4 million and spending of $81.1 million, even as the municipality’s CAFR reported that actual revenue was $77 million, while spending was $82.9 million—leading to a conclusion that, based on General Ledger reports, all funds expenditures exceeded all funds revenue by at least $5.3 million.

Moreover, notwithstanding its string of operating deficits, Petersburg undertook a series of costly, low return economic development investments—purchasing a hotel, supporting a local baseball team, and building a new library—all investments beyond the city’s means. Nevertheless, after a state intervention, after nearly a decade of near insolvency, the city’s most recent Comprehensive Annual Finance Report demonstrates Petersburg is emerging from its fiscal bog—closing FY2017 having collected $73,069,843 in revenues, while spending $65,861,125 in expenditures: meaning the positive $7,208,718 difference nearly eclipsed the $7.7 million deficit which had been carried over from FY2016—unsurprisingly leading Blake Rane, the city’s Finance Director, to note: “We’re really excited about the changes that occurred in 2017: As the new administration, we are super excited that the road we have to go on is starting at a better position than where we thought it would be.” Similarly, Mayor Samuel Parham, at a news conference, noted: “We’re showing outside development that Petersburg is a safe investment…There was a time when people thought we were going to fall into the Appomattox.”

Much of the fiscal recovery credit, as we have previously noted, may be credited in part to strict expenditure practices instituted by the Robert Bobb Group, the turnaround team headed by the former City of Richmond Manager, which ran the city administration from October 2016 until September—where the team found Petersburg had always overestimated revenues, according to former Finance Director Nelsie Birch, so that the fiscal challenge was to get a “handle on spending,” a challenge met via the adoption of a very conservative FY2017 budget with a strong focus on improving Petersburg’s collection practices—including enforcement:  For the first time in several years, the city put delinquent properties up for tax sale—or, as City Manager Aretha Ferrell Benavides put it: “The new billing and collecting office is moving on collecting now: People are realizing that we’re not going to sit and wait.”  The results are significant: Petersburg’s fund balance is nearly at zero after dropping to a negative $7.7 million. Today that balance is a shadow of its former level at negative $143,933, and Manager Benavides notes: “We’re working on building up [the fund balance], because we’ve been very dependent on short-term loans through Revenue Anticipation Notes.”

Other key steps on the city’s road to recovery included selling excess water from the city’s water system, selling pieces of city-owned property, and even selling the city’s water system, or, as Mr. Bobb put it: “Moving forward, the city still needs that liquidity event (that was not intended to be a pun), because a major snowstorm, or a major water line break, sinkhole, etc., those things would be a significant drain on the city, unless it has a major fund balance.” As part of its fiscal diet, Manager Benavides notes Petersburg is still examining options to sell as many as 320 pieces of city-owned property, with the City Council already having approved the disposition of some of these properties over the past several months. The fiscal road, like the city’s history and geography, has been steep, but the fiscal exertions appear to be paying off, as it were.

September 1, 2017

Good Morning! In this a.m.’s Blog, we consider the ongoing turn-back of fiscal authority from the State of Michigan to the City of Detroit, the fast-approaching Mayoral election in the Motor City, the searing fiscal challenge in Connecticut not to be Illinois, and the fiscal and physical challenges in Puerto Rico where Hurricane Irma and the PROMESA Oversight Board are bearing down.  

Visit the project blog: The Municipal Sustainability Project 

Post-Kilpatrick Motor City. The Michigan Tax Commission has relinquished its control over property reappraisals in Detroit, having voted unanimously to relinquish the state oversight Detroit has been under since 2014 in the wake of mismanagement in Detroit’s Assessment Division, widespread over-assessments, and signal property tax delinquencies—delinquencies in response to which the state commission had imposed a corrective action plan aimed at revamping how the city set its property taxes, or, as Alvin Horhn, Detroit’s assessor and deputy CFO noted: “This is one more symbol that city government has gotten this right: Detroit basically had been an island to ourselves for a long time. That type of intervention was hard to swallow.” The Commission’s actions came as a federal judge yesterday ordered the city’s former Mayor Kwame Kilpatrick to pay more than $1.5 million to the city’s water department as restitution from the City Hall corruption scandal—money which the city is most unlikely to collect, as Mr. Kilpatrick recently claimed he has less than one dollar in his prison bank account, where his longer than Mayoral term will run to 2037. Nevertheless, the judicial order would seem to bring to a close one of the remaining issues stemming from the landmark trial which ended with the former Mayor who bears such responsibility for plunging the city into the largest municipal bankruptcy in American history: he was convicted of running a criminal enterprise out of City Hall that included steering rigged water and sewer contracts to buddy Bobby Ferguson. The reduction in the fee came in the wake of a rule by the 6th Circuit U.S. Court of Appeals after it tossed the $4.5 million figure and directed U.S. District Judge Edmunds to recalculate the restitution amount. (Judge Edmunds had noted that the corruption indictment, which alleged that the cty’s former Mayor former Detroit Water & Sewerage Department Director Victor Mercado rigged bids and steered work to Lakeshore, which had hired Mr. Ferguson’s company as a subcontractor.) The order came in response to the former Mayor’s request that his conviction for racketeering and 28-year sentence be set aside—claiming there had been no corruption during his scandal-plagued tenure, a request he made some 13 months after the U.S. Supreme Court rejected his appeal.

The state Tax Commission’s action came in the wake of allegations that Detroit had been over assessing homes by an average of 65 percent, e.g. assessments imposing significant property tax hikes, based on an analysis of more than 4,000 appeal decisions by a Michigan tax board which has been overseeing a key part of the agreement from the citywide reappraisal initiated in 2014 to bring the Motor City’s assessment role into compliance with the Michigan General Property Tax Act to ensure all assessments are at one half of the market value and like properties are uniformly assessed—a reassessment the Deputy CFO noted had not been made in more than half a century. Michigan Tax Commission Executive Director Heather S. Frick noted: “The city has continued to move forward in their work to improve the residential reappraisal and to complete work on the commercial and industrial reappraisals to maintain and improve the residential reassessments.” The state commission granted Detroit an additional year to complete reassessment of commercial and industrial reappraisals. The good news for the city is that Michigan Tax Commission Chairman Doug Roberts noted that the work Detroit has done in its reappraisals has been “very positive.” He said he had been “concerned about it for a while, but I was very pleased with the report that we got yesterday: The fact of the matter is I think they have been working very hard on it. I was pleased to vote for it.” The city anticipates spending nearly $9 million on the reappraisal project, which has included use of aerial photography, mapping programs, and exterior inspections by staffers to gauge neighborhood conditions and better reflect property values—an effort Mayor Duggan had initiated at the beginning of this election year in the city when he presented his proposed 2017 property assessments in the wake of the completion of the parcel-by-parcel reappraisal for nearly 255,000 residential properties—a comprehensive reassessment which estimated 140,000 homeowners would realize reductions averaging several hundred dollars.

Getting Ready to Rumble. Post-chapter 9 Detroit is heating up with a key pre-election Mayoral debate scheduled for October 25th, when Mayor Mike Duggan will take on his challenger, Michigan state Sen. Coleman Young II. The candidates are to present their respective visions and strategies for the future of post-municipal bankruptcy Detroit, with this marking the second debate of the campaign, after Mayor Duggan prevailed in last month’s primary by a 67%‒26% margin, far higher than any of the remaining six contenders. A key emerging issue in the campaign appears to be what the city will do to address neighborhood recovery, with apprehensions that a newly gleaming and lively downtown has come at the expense of outlying neighborhoods, leaving out citizens who live within the city limits but outside of downtown and Midtown.

UnIllinois. Connecticut Gov. Patrick Malloy, the state’s 88th Governor, in a meeting with the editorial board of the Hartford Courant said that the state’s cities and towns need to tighten their belts, because the state can no longer afford to keep sending them millions of dollars every year, as he expressed pessimism about the state budget. The Governor noted he opposes any increase in the state income tax, even as he reported he sees no light at the end of the tunnel after the months’ long stalemate with the legislature:  “I don’t see that the House is anywhere near passing a budget that I could sign: Certainly everything I know about the budget that they’ve deliberated on over the past couple of weeks—means I would not sign that budget.” Gov. Malloy added: “Whatever the House passes, in line with what they’re talking about, wouldn’t get through the Senate. So, we really have made almost no progress…It’s clear to me that they’re not dealing with the budgetary reality. I think, quite frankly, they’re grasping for straws in an attempt to cobble together a budget.” He added that, unlike his predecessor, former Gov. Jodi Rell, he would not allow the state budget to become law without his signature.  Indeed, in response to the query whether the stalemate could last into December, his budget director, Ben Barnes, responded: “We can operate with all of the schools open and everything moving along until March.”

The budget stalemate comes as millions of state dollars are being withheld under an executive order, thus Gov. Malloy and his Budget Director Benjamin Barnes note that municipalities such as Hartford, Waterbury, Scotland, Sprague, and West Haven could be facing financial problems later in the fiscal year. Director Barnes noted: “We don’t want to have towns become insolvent or bounce paychecks or miss vendor payments…On the other hand, if they’re going to ask us for extraordinary help, we’re going to get in their business a little bit and make sure that they’re doing the things that they should be doing to get through a very austere and uncertain time.” At the same time, in this intergovernmental unbalancing act, Gov. Malloy has spoken strongly against any increase in the state income tax, saying it would be damaging to the economy and prompt some rich residents to flee the state.

Even though an income tax increase is not currently in any of the fiscal plans circulating at the state Capitol, some lawmakers have not backed off the idea. In an interview with an editorial board, the Governor noted: “A further raise in the income tax would be extremely detrimental to the long-term health of the state…Extremely detrimental…We should put up a one-way toll for everyone who moves to Westchester County.” The state raised the income tax rate on the state’s millionaires in 2009, 2011, and 2015; today the top rate is 6.99%; income-tax proponents have said they have at least 45 votes in the House Democratic caucus for an increase in taxes on the wealthy; however, House Speaker Joe Aresimowicz (Berlin) said earlier this year that 45 votes is far short of the requisite 76 votes to pass in the 151-member chamber. Similarly, Senate President Pro Tem Martin Looney (D-New Haven) notes: “There’s no serious proposal at this point out there on income-tax change.” He expects a vote on the two-year, $40 billion budget the week after next, noting: “There’s a growing sense that we need to vote that week to forestall the Governor’s executive order from taking effect…the Democrats will need to have an agreement with the Governor in order for the lieutenant governor to cast the tie-breaking vote.” House Majority Leader Matt Ritter (D-Hartford) agreed that the legislature must avoid large cuts to cities and towns that would take effect on the first of next month if Gov. Malloy’s executive order continues. Unsurprisingly, in his discussion with the Courant editorial board, the Governor was pessimistic about the long-running soap opera at the Capitol, noting that if the income tax were to become a major part of the discussion, the battle could last even longer: “I don’t think that there is any likelihood” of a budget passing with an income tax increase.” The Connecticut House is scheduled to vote a week fvrom next Thursday; however, the specifics have yet to be settled. In the state Senate, three moderate Democrats have all raised concerns about possible tax increases: there positions are critical as that chamber is evenly divided with 18 Democrats and 18 Republicans.

The legislative stalemate led some 25 mayors and first selectmen to travel to the Capitol this week to plead their case for increased assistance and a quick budget resolution: the municipal leaders are seeking to avoid a revised plan by the Governor which would eliminate all education cost-sharing funds for 85 towns and reduce the total for about 54 others: under the pending proposal, the towns would collectively lose hundreds of millions of dollars if the legislature is unable to pass a budget and the Governor’s revised executive order takes effect.

The proposed sales and use tax increase to 6.85 percent in the House appears to be the key impediment: Rep. Danny Rovero, a key swing voter in the House Democratic caucus, who represents the municipalities of Killingly, Putnam, Thompson, said he will vote against the pending budget due to the proposed hike in the sales tax to 6.85 percent, up from the current 6.35 percent: “I’m not in favor of the sales tax; I’m not in favor of any tax. I’m not saying it won’t pass, but it won’t be with my vote.”

Because the Democrats hold a 79-72 edge in the House, they can only afford the loss of three of their members; ergo, Rep. Rovero’s vote matters. Being one of the most fiscally conservative Democrats, Rep. Rovero’s position is that the legislature needs to cut state spending and shift more work to nonprofit organizations which hold contracts to provide state services, such as group homes. He believes that nonprofits provide the services at a lower cost than the state, where employees receive more generous benefits and larger pensions. Nevertheless, he appears willing to listen to the plan by Gov. Malloy and the House Democrats to raise the cigarette tax to $4.35 per pack, up from the current $3.90 per pack.

The looming vote comes as the Malloy administration has warned the towns repeatedly that they would be receiving fewer state funds than in the past. His budget spokesperson, Chris McClure, notes: “While we can disagree on our opinions, we should not disagree on the facts…And the fact is, over the last five years, municipal aid increased 21 percent as billions of dollars have been slashed elsewhere in the state budget.” For Gov. Malloy, he made clear, succinctly: “I’m trying to stop us from being Illinois.”

Physical & Fiscal Threats. As Hurricane Irma bears down on the U.S. Territory of Puerto Rico, a parallel fiscal storm is arising, as Governor Ricardo Rosselló has reiterated his refusal to give way to that guideline of the PROMESA Oversight Board: stating there will be public employment as usual, refusing to kowtow to the Board’s demand and clarifying that his actions are not a matter of imprudence, but rather of being “firm,” since, in his view, the Board’s order was not justified and was not contained in the fiscal plan, approved last March: “The implementation of the reduction of working hours was never an agreement within the fiscal plan. It was a recommendation that was implemented unilaterally,” noting his apprehensions that “such action is not necessary” since it exceeded the Board’s claims regarding a reservation, and noting that reducing the day would have “a negative impact on the economy,” as well as not be transformative of the government—stating: “There is a big difference between being firm and reckless. Our government is being firm in its position. There is no need for a reduction in working time now. There is not…But we want to be cautious and talk about how we got to that point. We must be cautious and give space to what would be the first reporting period that would be in October where our government has not yet had the opportunity to prove those findings under the PROMESA law. We are being cautious in this assertion. We are being rational in this assertion, but we are also being firm, because we understand that it is a measure that will not yield beneficial results for Puerto Rico and, therefore, tomorrow as we have established, that measure will not be implemented.”

The Governor’s comments came in reaction to the Board’s action early in the week to go to court Monday to force the government to comply with fiscal measures it deems necessary needed to revive Puerto Rico’s economy, seeking declaratory and injunctive relief against Gov. Ricardo Rosselló and his government, and a court order to mandate Puerto Rico’s government to introduce a 10 percent furlough program for most of its employees to save money. It is also asking the court for an order forcing the territory to comply with planned cuts to government pension benefits.  Natalie Jaresko, the executive director of the Oversight Board, said the measures are necessary to reduce spending: “Fiscal reform is a difficult but necessary process for Puerto Rico and the credibility of the plan lies in its enforcement.”

Nevertheless, the Governor stressed the importance of the ongoing dialogue with the PROMESA Board federal entity in charge of the island’s finances continues: “That goal and that commitment continues and I can tell you the day, still, although it does not appear at times, our government practically every day is in communication with the Board, with the Board advisers to continue measuring and looking for what are these targets for compliance with the tax plan: Let there be no doubt that our government has a commitment to comply with the fiscal plan.”

PROMESA Board Chair José Carrión said that the Governor is a citizen of “law and order” and expected him to comply with a possible reduction decision, adding that that the measure would be more severe if it was not done now.

What about the Municipios? The Puerto Rico Senate met yesterday in Mayagüez, Puerto Rico’s eighth-largest municipality, a muncipio founded as Nuestra Señora de la Candelaria, which is also known as La Sultana del Oeste (The Sultaness of the West), Ciudad de las Aguas Puras (City of Pure Waters), or Ciudad del Mangó (City of the Mango). On April 6, 1894, the Spanish crown gave it the formal title of Excelente Ciudad de Mayagüez (Excellent City of Mayaquez) to address the concerns of that area of ​​the country, especially the role of two regional airports in the economic development of the area and the precarious fiscal situation of the 12 municipalities of the area: the public hearing included members of the Senate, constituting what is known as a Special Special Commission. At the hearing, the mayors of the western area reviewed the main challenges facing municipalities in the midst of the economic crisis: among them, the recurrent theme of cuts in so-called subsidies for municipalities, some $ 350 million in two years. West Chamber of Commerce President Kenneth Leonor told El Nuevo Dia that the region’s economic problems could be tackled by public-private alliances in areas such as technology and tourism and municipal enterprises, noting: “We need more foreign and foreign investment that can reach Puerto Rico.” For Felipe Morales Nieves, president of the Economic Movement of Development of the West, it is crucial that improvements be made to the airport Rafael Hernandez, in Aguadilla, to turn it into an international one that serves the Caribbean clientele.

What Could Be A Constructive State Role in Municipal Fiscal Stress?

August 25, 2017

Good Morning! In this a.m.’s Blog, we consider Virginia’s innovative thinking with regard to a state role in measuring municipal fiscal distress. Then we consider the changes in Detroit’s demographic conditions—changes which might augur further fiscal challenges on the Motor City’s road to recovery from the nation’s largest ever chapter 9 bankruptcy, before, finally, turning to Puerto Rico, where the legislature has just adjourned.

Visit the project blog: The Municipal Sustainability Project 

Municipal Fiscal Distress: What Is a State Role? Martha S. Mavredes, Virginia’s Auditor of Public Accounts, warned the legislature’s new Joint Subcommittee on Local Government Fiscal Stress, a committee created last June in the 2017 Appropriations Act in the wake of the near chapter 9 municipal bankruptcy of Petersburg, a subcommittee which has been tasked with a broad examination of local government fiscal stress, including disparity in taxing authority between cities and counties and local responsibility for delivery of state-mandated services, but also to examine potential incentives to encourage regional cooperation and possible savings obtained from such efforts, that four localities−two cities and two counties−are showing signs of potentially serious fiscal stress. While Auditor Mavredes did not publicly identify the four localities, she did request time first to notify the four and to open discussions to determine whether the initial financial assessments are accurate.

In this instance, the municipalities include one city, known only as City A, which, under the new state fiscal rating system, scored even lower than Petersburg in an assessment of data from 2016 under the “financial assessment model” designed by the auditor and a high-level work group based on a similar system in Louisiana. Both cities scored below 5 on a system which uses 16 as the minimum threshold for indicating financial stress. One other city and two counties scored below 16, and two localities, Hopewell and Manassas Park, have yet to submit financial data for 2016. (Indeed, Hopewell has failed so far to even submit a financial statement for FY2015.) Or, as the Auditor noted in her testimony: “I can’t even review the numbers of these places…I don’t have the data.”

Subcommittee Chairman Emmett W. Hanger Jr. (R-Augusta) concurred that it would be premature to identify the localities prior to notifying them and verifying the numbers used to assess them; however, other Virginia legislative leaders questioned whether the state is doing its job by not sharing concerns with the public—or, as House Appropriations Chairman S. Chris Jones (R-Suffolk) noted: “I think we would want to know those who are below 16: Knowing and not taking any affirmative actions is almost malfeasance.” As a former Mayor, it would seem Chairman Jones knew of what he was speaking. His perspective was reinforced by Senate Majority Leader Thomas K. Norment Jr. (R-James City), who co-chairs the Senate Finance with Sen. Hanger, who noted: “It’s important that we know, and it’s important that they know we know.”

While Virginia does not specifically authorize its municipal entities to file for chapter 9 municipal bankruptcy, the state does bar any of its cities or towns from incurring debt in excess of 10% of its assessed property valuation (see §1762), the Commonwealth has no authority to intervene directly in a locality’s finances, albeit Virginia Secretary of Finance Richard D. Brown played a critical role in halting, as we have previously noted, Petersburg’s near insolvency via the provision of state technical support on a voluntary basis to the distressed small city when it was confronted by nearly $19 million in unpaid bills—a fiscal precipice which led both the Virginia Legislature and Gov. Terry McAuliffe to recognize the importance of determining whether there might be increasing fiscal disparities within the state—and whether the state might be able to play a greater role in averting other potential municipal fiscal risks—leading to provisions in last year’s budget to direct the Virginia Auditor to create a municipal fiscal monitoring system to identify potentially stressed localities and offer to help, appropriating up to $500,000 as an incentive to cooperate.

And it appears the Legislature is impressed—or, as Chair Hanger said to Auditor Mavredes: “I’m impressed that you and your team stood this up as quickly as you did.” The new system the Auditor’s team put together examines the Comprehensive Annual Financial Reports submitted to the auditor annually and scores them on 10 financial ratios−including four which measure the health of the locality’s general fund used to finance its budget. That first fiscal scorecard identified Petersburg as the sole municipality publicly identified with a score which fell below the stress threshold for the past three years, reaching 4.48 in 2016, when its increasingly desperate fiscal situation became public. Auditor Mavredes told the legislative leaders: “Petersburg is a locality I would have wanted to look at, having seen these scores without knowing anything else.” 

Nevertheless, Petersburg is not the sole city the Auditor found to be in fiscal trouble: she testified that “City A” also scored below the threshold the last three years, dropping to 4.25 in 2016, testifying: “This is a city (on which) I will be doing follow-up.” In addition, she said she plans to contact at least three other localities, noting that City B fell precipitously from a score just under 50 in 2014 to between 13 and 14 in each of the next two years. She told the legislator her first question is whether the data used in the 2014 assessment are correct. She noted that County A demonstrates what Auditor Mavredes deemed “consistently low scores,” from just under 6 in 2014, to 8.23 the next year, and 7.31 last year; County B declined sharply from a score of 21 in 2014 to under 16 the next year and just over 11 in 2016, leading Co-Chair Jones to comment: “That seems to me to be a huge drop over a two-year period.” However, Ms. Mavredes responded the cause of the drop could be as simple and as unavoidable as the loss of a major employer, which is why she testified she intends to follow-up with the locality to determine what happened. Chairman Jones made clear his preference would be that such a fiscal examination take place in public view—or, as he put it: “If they’re not doing A, B, C, I think the public ought to know what is happening in that community.”

Fiscal Omens for the Motor City? Even as Detroit continues to recover from the largest municipal bankruptcy in U.S. history, the recovery continues to be uneven, and now there appears to be an emerging threat to its fiscal future: the number of families with children has declined by 43 percent since 2000 with only about a quarter of households with children, according to a report released this week from the nonprofit Detroit Future City, which also detailed a slowing population decline and job growth. In its report, “139 Square Miles,” the average size of Detroit households has declined over the past decade, with an average 2.6 people per household: Detroit households with children now make up 26 percent of the city, a steep, nearly 33 percent drop from 2000, with the data taking into account other types of households in the city which also experienced a decline. Today, in the Motor City, non-family households make up about 44 percent and households without children, about 31 percent. That compares to seventeen years ago, when, according to Edward Lynch, a planner for Detroit Future City, there were 115,000 families with children living in Detroit compared to only 65,000 families with children by 2015. Mr. Lynch noted: “We didn’t look specifically into the causes, but a lot of people point to different things (such as) schools as to why people have been moving out of the city for quite some time.” Unsurprisingly, but certainly related, is the state of enrollment at the Detroit Public Schools Community District, which is itself emerging from fiscal insolvency, even as it is experiencing ongoing decline: since the 2010-11 school year, the district has experienced a 41% enrollment decline: more than 30,000 students, even as charter school enrollment has increased 14%. Mr. Lynch notes: “We’re trying to provide a baseline analysis of the City of Detroit as it stands at this point in time…We’re hoping this will be used by a broad range of stakeholders and residents to get a clear picture of what’s happening at this point.”

On the plus side, Detroit Future City reports that for the first time in six decades, Detroit’s population decline has slowed, in no small part due to the job growth since the Great Recession: since the first quarter of 2010, Detroit has added 30,000 private-sector jobs, bringing the total jobs in the city to 238,400. The areas of growth include business services, automotive, financial services, and production technology. Perhaps better gnus: the largest increase in jobs has been among those that pay more than $40,000 annually.

ReGrowing in the Wake of Chapter 9. Even as the City of Detroit has razed more than 12,000 blighted houses over the past four years, the challenge of razing or relocating abandoned commercial structures—structures which can be safety threats to the community—has proved more difficult. Moreover, unlike the case with commercial buildings, the city may not make use of federal funds to tear down commercial properties—a stiff challenge, as some 83% of the city’s initial blight force list of over 5,400 blighted commercial properties, of which some 83% had been privately owned. Unsurprisingly, with November’s mayoral election not so far off, the issue has been drawn into the campaign, with the Mayor proposing to double the rate of demolitions to 300—a still challenge as, at least as of the day before yesterday, only 67 have come down. A spokesperson for the Mayor, John Roach, reports that, as of last week, some 97 commercial demolitions were at various stages in the razing pipeline: 18 buildings are currently ready to be razed, while the city sorts through the bidding and contract approval process—and the city’s auditors are assessing the residential demolition program to gain important lessons learned, especially in the wake of changes to the contracting process which mandated that each demolition gain approval from both the Detroit City Council and the Detroit Financial Review Commission.

More and more people are interested in moving downtown; however, the amount of new housing units has not been able to keep up with demand, a new study released Thursday by the Downtown Detroit Partnership said. In its third installment, the Greater Downtown Residential Market Study found that demand for market-rate and affordable housing in the area will grow by nearly 10,000 units over the next five years. The study, commissioned in part by Invest Detroit and conducted by Clinton, N.J.-based Zimmerman Volk Associates Inc., examined the Downtown, Corktown, Rivertown, Lafayette Park, Eastern Market, Midtown, Woodbridge, TechTown and New Center neighborhoods. “We’re seeing a continued demand for residential units, and that demand is increasing faster than the current supply of available units,” DDP CEO Eric Larson said in a statement. “There is a great opportunity in the city for developers for both market-rate and affordable units.”  While the area’s housing demand is projected to swell over the next five years, developers have proposed building roughly 7,400 units over the next three years, shy of the 10,000 projection over five years. Annual demand is projected to be as high as 2,000 units. The study found that 1,750 units have gone up in 2017. Of those units projected to be built in the next three years, 74 percent are forecast to be market-rate rentals and the rest affordable housing. Affordable housing includes those with incomes between 30 and 80 percent of the area’s median income.

Investing in Puerto Rico’s Future. Puerto Rico Gov. Ricardo Rossello has signed into law four of the five bills approved by the legislature in the extraordinary session that ended last week, including the new statute to guarantee the payment to Puerto Rico’s pensioners and establish a new defined contribution plan for public servants, or, as the Governor noted: “This first special session assured that retirees receive their pensions and that we comply with the Fiscal Plan so that we can continue to provide government services to the people.” The new law is intended to create a legal framework so that Puerto Rico can guarantee payments to its retirees via a “pay as you go” system, or, as the Governor noted: “To leave things as they were would have turned out that as soon as in September, our retirees would not receive the payment of their pension for which they worked for decades in the public service.” Under the new provisions, the General Fund will allocate $ 2 billion this year so that retirees continue to receive their monthly pensions; the bill also creates a Defined Contribution Plan, similar to a 401k, with Gov. Rossello noting: “In the past, public servants were held back by a percentage of their salary and went on to a trust that was used to pay for the administrative expenses and inefficiencies of the Government…That irresponsible practice ended with our Administration.”

Gov. Rossello also signed House Bill 1162, which makes technical amendments to the statute which created the Commission of the Equality for Puerto Rico, to incorporate the results of the plebiscite of June of 2017, providing that the members of the Commission shall not receive any remuneration for their services, noting that “this recommendation of amendment we receive[d] from baseball superstar Ivan Rodriguez so that the expenses of the members of the Commission are not met with public funds in the face of the fiscal situation that the Government is going through…I told the people of Puerto Rico from the electoral process that a vote for this server was a vote for statehood and a government that seeks equality at the national level as American citizens.”

The Fiscal Straits of Federalism: constitutional, fiscal, and human challenges for state and local leaders.

08/11/17

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Good Morning! In this a.m.’s blog, we consider the dire state of Hartford, Connecticut and the ongoing constitutional and fiscal challenges to the U.S. territory of Puerto Rico.

Fiscal Heart for Hartford? With no state budget in sight, the first day of school looming, Moody’s this week gloomily wondered whether the capitol city can avoid chapter 9 municipal bankruptcy via a path of debt restructuring and labor concessions as it contemplates looming debt payments of $3.8 million next month, and then $26.9 million in tax anticipation note payments in October. Moreover, given the grim state of Connecticut’s own fisc—upon which Hartford relies for half its municipal budget, Halloween could bring more than fiscal ghouls. Its options, moreover, as we have previously noted, are slim: with one fifth of its municipal budget composed of fixed costs, the option of increasing taxes—in a city with the highest tax rates in the state—would risk the loss of key businesses, potentially reducing, rather than increasing vital revenues. Thus, the challenge of meeting increased debt service costs and rising OPEB and pension obligations seem to more and more point to municipal debt restructuring.

If anything, the fiscal challenge is further complicated by the uncertainty on the state front: Connecticut has yet to adopt the budget for the fiscal year that began on July 1st: legislators have been unable to achieve consensus on a new two-year plan the governor will sign to address the state’s own projected $3.5 billion deficit. Indeed, Gov. Daniel P. Malloy’s budget, which proposes shifts of state education aid from wealthier communities to poorer communities, promises difficult negotiations with an uncertain outcome. Patrice McCarthy, the deputy director and general counsel at the Connecticut Association of Boards of Education, warned that while there were previous state budget impasses in 1991 and 2009, this year could be much worse for public school officials: “In those years, while we didn’t have a finalized budget, people had a better idea in each community about how much they’d be receiving: This year, everything is up in the air.”

Fundido. In Latin America, the word fundido can be translated to “dead beat;” while in English, the old expression that one cannot beat a dead horse might seem apt for the challenge confronting U.S. District Judge Laura Taylor Swain, who is presiding over the PROMESA version of a chapter 9 municipal bankruptcy process—a process created under the statute adopted by Congress which Theodore Olson, the former Solicitor General of the United States, this week described in an op-ed to the Wall Street Journal as a law which blatantly violates the Appointments Clause of the U.S Constitution.

Judge Swain this week approved an agreement intended to address creditors’ competing claims with regard to Puerto Rico’s sales tax revenue by the end of this year as part of an effort to resolve an agreement between the island’s two biggest creditor classes, General Obligation bondholders and COFINA bondholders, in part through appointing an agent for each side—agents charged with pursuing the best resolution for their debtor’s estate as a whole, as opposed to advocating for particular creditors of that debtor. (COFINA’s bonds are backed by Puerto Rico’s sales and use tax revenue, unlike Puerto Rico’s General Obligation debt, which carries a constitutional guarantee providing a claim on all of Puerto Rico’s revenues.) Thus, unsurprisingly, Judge Swain had been placed in the position of Solomon: she could threaten to cut the baby in half if the two sides do not reach an agreement by December 15th.  Here, the judicial combatants, who, together, claim to hold approximately half the U.S. territory’s $72 billion in debt, are fighting over which side has the primary claim on sales and use tax revenues.

Separately, Judge Swain this week has held off on responding to a request by creditors of Puerto Rico’s bankrupt power utility, PREPA, to appoint a receiver at the agency, denying a motion by a group of cities and towns to form an official committee in the case, whose attorneys’ fees would be paid by the island’s bankruptcy estate. Judge Swain informed the parties it was unclear whether the municipalities had valid claims against Puerto Rico’s government, a claim which, as we have previously noted, is critical, as Michael Rochelle, an attorney for the muncipios, told the judge his clients are confronted with budget cuts of as much as 50 percent; he plead: “This place will become Greece…We will have municipalities needing to be bankrupted.” Increasingly, too, there are fears that exorbitant legal fees, fees which some experts believe could run to in excess of $1 billion, are coming at the expense of Puerto Rico’s future. In so informing the muncipios, Judge Swain rejected a motion by several municipalities to have a committee representing their interests in Puerto Rico’s Title III case: she said that §1102 of the bankruptcy code allowed committees for creditors or equity security holders, but the municipalities are not the latter, and the municipalities’ principal concerns are not those of being creditors, adding that the municipalities are adequately represented without having their own committee.

The president of the Association of Puerto Rico Mayors, Rolando Ortiz, yesterday made clear the gravity of the fiscal situation, warning that 45 municipalities will be inoperative as early as the close of the fiscal year, under the fiscal plan submitted by Gov. Ricardo Rosselló and certified by the Federal Fiscal Control Board. He noted that the proposal would eliminate a loan of some $350 million, which was granted to municipalities in exchange for exempting public corporations from paying the tax on real property—or, as he stated: “From the fiscal point of view, it leaves us without protection of the judicial apparatus of the country and limits our capacity to serve to the citizens to the extent that they take away resources that we have always used to help the people that we attend in the different cities.”

Indeed, it appears the fiscal impact has already begun to have an effect on the pockets of municipal employees, who have experienced reductions in working hours in 22 municipalities: Arroyo, Toa Alta, Cabo Rojo, Yauco, Las Piedras, Juana Diaz, Comerío, Vieques, Aguadilla, Mayagüez, Toa Baja, Salinas, Adjuntas, Vega Baja, Sabana Grande, Villalba, and Trujillo Alt; five other municipalities had applied the reduction of working hours in previous years. (Ponce, Ciales, Luquillo, Maunabo, and Camuy.) The likely next step, he warned, would be that more municipalities will join the lawsuits filed by the municipalities of San Juan and Caguas—litigation in response to which they said: “The decision of (Judge Swain) what she is going to bring is more cases on the part of the municipalities.” The Mayor of Caguas, a municipality  founded in 1775 of about 150,000 located in the Central Mountain Range, William Miranda Torres, regretted the closure of the judicial door to the municipalities, describing it as a “scenario where they have made decisions, by blow and blow, to make use of our monies without allowing us fair participation,” describing it as “clear discrimination against the municipalities,” noting that the municipalities offer direct services to the citizenry, including  maintenance to infrastructure, health, safety, emergency management, programs to the elderly, garbage collection, cultural programs, fine arts programs and sports programs—adding: “The central government has been stripping municipalities of important resources to provide essential services that will now be very difficult to cover. The humanitarian crisis has come and closing doors give us very few possibilities to fight it from where we can best do it.”

For her part, San Juan Mayor Carmen Yulin Cruz recalled that her municipality continues along the route to sue under PROMESA’s Title VI, even as she praised the management of mayors who filed their appeal by way of Title III: “If the judge (Judge Swain) said it was not for Title III, at least those comrades dared to challenge PROMESA.”